41 sections in this chapter.
N.C. Gen. Stat. § 6-1 Items allowed as costs
0.2K chars
To the party for whom judgment is given, costs shall be allowed as provided in Chapter 7A and this Chapter. (Code, s. 528; Rev., s. 1249; C.S., s. 1225; 1955, c. 922; 1971, c. 269, s. 1.)
N.C. Gen. Stat. § 6-13 Civil actions by the State; joinder of private party
0.5K chars
In all civil actions prosecuted in the name of the State, by an officer duly authorized for that purpose, the State shall be liable for costs in the same cases and to the same extent as private parties. If a private person be joined with the State as plaintiff, he shall be liable…
N.C. Gen. Stat. § 6-14 Civil action by and against State officers
0.5K chars
In all civil actions depending, or which may be instituted, by any of the officers of the State, or which have been or shall be instituted against them, when any such action is brought or defended pursuant to the advice of the Attorney General, and the same is decided against suc…
N.C. Gen. Stat. § 6-15 Actions by State for private persons, etc
0.4K chars
In an action prosecuted in the name of the State for the recovery of money or property, or to establish a right or claim for the benefit of any county, city, town, village, corporation or person, costs awarded against the plaintiff shall be a charge against the party for whose be…
N.C. Gen. Stat. § 6-17 Costs of State on appeals to federal courts
0.6K chars
In all cases, whether civil or criminal, to which the State of North Carolina is a party, and which are carried from the courts of this State, or from the district court of the United States, by appeal or writ of error, to the United States circuit court of appeals, or to the Sup…
N.C. Gen. Stat. § 6-17.1 Costs and expenses of State in connection with federal litigation arising out of State cases
0.5K chars
In all cases of litigation in any court of the United States arising out of or by reason of any cases pending or tried in any court of the State of North Carolina, or in any action originally instituted in any court of the United States, the expenses for State court costs, securi…
N.C. Gen. Stat. § 6-18 When costs allowed as of course to plaintiff
1.4K chars
Costs shall be allowed of course to the plaintiff, upon a recovery, in the following cases: (1) In an action for the recovery of real property, or when a claim of title to real property arises on the pleadings, or is certified by the court to have come in question at the trial. (…
N.C. Gen. Stat. § 6-19 When costs allowed as of course to defendant
0.5K chars
Costs shall be allowed as of course to the defendant, in the actions mentioned in G.S. 6-18 unless the plaintiff be entitled to costs therein. In all actions where there are several defendants not united in interest, and making separate defenses by separate answers, and the plain…
N.C. Gen. Stat. § 6-19.1 Attorney's fees to parties appealing or defending against agency decision
1.8K chars
(a) In any civil action, other than an adjudication for the purpose of establishing or fixing a rate, or a disciplinary action by a licensing board, brought by the State or brought by a party who is contesting State action pursuant to G.S. 150B-43 or any other appropriate provisi…
N.C. Gen. Stat. § 6-20 Costs allowed or not, in discretion of court
0.4K chars
In actions where allowance of costs is not otherwise provided by the General Statutes, costs may be allowed in the discretion of the court. Costs awarded by the court are subject to the limitations on assessable or recoverable costs set forth in G.S. 7A-305(d), unless specificall…
N.C. Gen. Stat. § 6-21 Costs allowed either party or apportioned in discretion of court
2.9K chars
Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: (1) Application for years' support, for surviving spouse or children. (2) Caveats to wills and any action or proceeding that may require the const…
N.C. Gen. Stat. § 6-21.1 Allowance of counsel fees as part of costs in certain cases
1.6K chars
(a) In any personal injury or property damage suit, or suit against an insurance company under a policy issued by the defendant insurance company in which the insured or beneficiary is the plaintiff, instituted in a court of record, upon findings by the court (i) that there was a…
N.C. Gen. Stat. § 6-21.2 Attorneys' fees in notes, etc., in addition to interest
4.6K chars
Obligations to pay attorneys' fees upon any note, conditional sale contract or other evidence of indebtedness, in addition to the legal rate of interest or finance charges specified therein, shall be valid and enforceable, and collectible as part of such debt, if such note, contr…
N.C. Gen. Stat. § 6-21.3 Remedies for returned check
9.7K chars
(a) Notwithstanding any criminal sanctions that may apply, a person, firm, or corporation who knowingly draws, makes, utters, or issues and delivers to another any check or draft drawn on any bank or depository that refuses to honor the same because the maker or drawer does not h…
N.C. Gen. Stat. § 6-21.4 Allowance of counsel fees and costs in certain cases involving principals or teachers
0.5K chars
In any civil action brought against a public school principal or teacher as defined in G.S. 115C-390 arising or resulting from the use of corporal punishment, upon a determination that the principal or teacher has prevailed and that the plaintiff's action was frivolous or without…
N.C. Gen. Stat. § 6-21.5 Attorney's fees in nonjusticiable cases
1.2K chars
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact …
N.C. Gen. Stat. § 6-21.6 Reciprocal attorneys' fees provisions in business contracts
4.6K chars
(a) As used in this section, the following definitions apply: (1) Business contract. - A contract entered into primarily for business or commercial purposes. The term does not include a consumer contract, an employment contract, or a contract to which a government or a government…
N.C. Gen. Stat. § 6-21.7 Attorneys' fees; cities or counties acting outside the scope of their authority
1.0K chars
In any action in which a city or county is a party, upon a finding by the court that the city or county violated a statute or case law setting forth unambiguous limits on its authority, the court shall award reasonable attorneys' fees and costs to the party who successfully chall…
N.C. Gen. Stat. § 6-22 Petitioner to pay costs in certain cases
1.0K chars
The petitioner shall pay the costs in the following proceedings: (1) In petitions for draining or damming lowlands where the petitioner alone is benefited. (2) In petitions for condemnation of water millsites when the petitioner is allowed to erect the mill; but when he is not al…
N.C. Gen. Stat. § 6-23 Defendant unreasonably defending after notice of no personal claim to pay costs
0.5K chars
In case of a defendant, against whom no personal claim is made, the plaintiff may deliver to such defendant with the summons, a notice subscribed by the plaintiff or his attorney, setting forth the general object of the action, a brief description of the property affected by it, …
N.C. Gen. Stat. § 6-24 Suits by an indigent; payment of costs by an indigent
0.5K chars
A person who sues as an indigent is not required to advance the required court costs and no officer shall require any fee of the person. If a court enters a judgment in favor of a person suing as an indigent and does not require another party to the suit to pay the costs of the s…
N.C. Gen. Stat. § 6-25 Party seeking recovery on usurious contracts; no costs
0.2K chars
No costs shall be recovered by any party, whether plaintiff or defendant, who may endeavor to recover upon any usurious contract. (1895, c. 69; Rev., s. 1271; C.S., s. 1248.)
N.C. Gen. Stat. § 6-26 Costs in special proceedings
0.2K chars
The costs in special proceedings shall be as allowed in civil actions, unless otherwise specially provided. (Code, s. 541; Rev., s. 1272; C.S., s. 1249.)
N.C. Gen. Stat. § 6-28 Costs of laying off homestead and exemption
0.4K chars
The costs and expenses of appraising and laying off the homestead or personal property exemptions, when the same is made under execution, shall be charged and included in the officer's bill of fees upon such execution or other final process; and when made upon the petition of the…
N.C. Gen. Stat. § 6-29 Costs of reassessment of homestead
0.5K chars
If the superior court at term shall confirm the appraisal or assessment, or shall increase the exemption allowed the debtor or claimant, the levy shall stand only upon the excess remaining, and the creditor shall pay all the costs of the proceeding in court. If the amount allowed…
N.C. Gen. Stat. § 6-3 Sureties on prosecution bonds liable for costs
0.6K chars
When an action is brought in any court in which security is given for the prosecution thereof, or when any case is brought up to a court by an appeal or otherwise, in which security for the prosecution of the suit has been given, and judgment is rendered against the plaintiff for…
N.C. Gen. Stat. § 6-30 Costs against infant plaintiff; guardian responsible
0.2K chars
When costs are adjudged against an infant plaintiff, the guardian by whom he appeared in the action shall be responsible therefor. (Code, s. 534; Rev., s. 1276; C.S., s. 1253.)
N.C. Gen. Stat. § 6-31 Costs where executor, administrator, trustee of express trust, or person authorized by statute a party
0.8K chars
In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by and against a person prosecuting or defending in his own right; but such costs shall be chargea…
N.C. Gen. Stat. § 6-32 Costs against assignee after action brought
0.3K chars
In actions in which the cause of action becomes by assignment after the commencement of the action, or in any other manner, the property of a person not a party to the action, such person shall be liable for the costs in the same manner as if he were a party. (Code, s. 539; Rev.,…
N.C. Gen. Stat. § 6-33 Costs on appeal generally
0.6K chars
On appeal from a magistrate or any court of the General Court of Justice, if the appellant recovers judgment, he shall recover the costs of the appeal and also those costs he ought to have recovered below had the judgment of that court been correct. If in any court of appeal ther…
N.C. Gen. Stat. § 6-4 Execution for unpaid costs; bill of costs to be attached
0.3K chars
When costs are not paid by the party from whom they are due, the clerk of superior court shall issue an execution for the costs, and attach a bill of costs to each execution. The sheriff shall levy the execution as in other cases. (R.C., c. 102, s. 24; Code, s. 3762; Rev., s. 125…
N.C. Gen. Stat. § 6-40 Liability of counties, where trial removed from one county to another
0.3K chars
When a prisoner is sent from one county to another to be held for trial, or for any other cause or purpose, the county from which he is sent shall pay his jail expenses, unless they are collected from the prisoner. (1889, c. 354; 1901, c. 718; Rev., s. 1285; C.S., s. 1263; 1971, …
N.C. Gen. Stat. § 6-47 Judgment confessed; bond given to secure fine and costs
0.5K chars
In cases where a court permits a defendant convicted of any criminal offense to give bond or confess judgment, with sureties to secure the fine and costs which may be imposed, the acceptance of such security shall be upon the condition that it shall not operate as a discharge of …
N.C. Gen. Stat. § 6-48 Arrest for nonpayment of fine and costs
0.4K chars
In default of payment of such fine and costs, it is the duty of the court at any subsequent term thereof, on motion of the solicitor of the State, to order a capias to issue to the end that such defendant may be again arrested and held for the fine and costs until discharged acco…
N.C. Gen. Stat. § 6-49 Prosecuting witness liable for costs in certain cases; court determines prosecuting witness
1.6K chars
In all criminal actions in any court, if the defendant is acquitted, nolle prosequi entered, or judgment against him is arrested, or if the defendant is discharged from arrest for want of probable cause, the costs, including the fees of all witnesses whom the judge before whom th…
N.C. Gen. Stat. § 6-50 Imprisonment of prosecuting witness for willful nonpayment of costs if prosecution frivolous
0.4K chars
Every such prosecuting witness may be adjudged not only to pay the costs, but he shall also be imprisoned for the willful nonpayment thereof, when the judge before whom the case was tried shall adjudge that the prosecution was frivolous or malicious. (1800, c. 558; R.C., c. 35, s…
N.C. Gen. Stat. § 6-51 Not entitled to fees in advance
0.6K chars
Witnesses are not entitled to receive their fees in advance; but no witness in a civil action or special proceeding, unless summoned on behalf of the State or a municipal corporation, shall be compelled to attend more than one day, if the party by or for whom he was summoned shal…
N.C. Gen. Stat. § 6-53 Witness to prove attendance; action for fees
0.8K chars
Every person summoned, who shall attend as a witness in any suit, shall, before the clerk of the court, or before the referee or officer taking the testimony, ascertain by his own oath or affirmation the sum due for traveling to and from court, attendance and ferriage, which shal…
N.C. Gen. Stat. § 6-60 No more than two witnesses may be subpoenaed to prove single material fact; liability for fees of such witnesses; one fee for day's attendance
0.6K chars
No district attorney shall direct that more than two witnesses be subpoenaed for the State to prove a single material fact, nor shall the State or defendant in any such prosecution be liable for the fees of more than two witnesses to prove a single material fact, unless the court…
N.C. Gen. Stat. § 6-62 District attorney to announce discharge of State's witnesses
0.4K chars
It is the duty of all district attorneys prosecuting in the several courts, as each criminal prosecution is disposed of by trial, removal, continuance or otherwise, to call, in open court, and announce the discharge of witnesses for the State, either finally or otherwise as the d…
N.C. Gen. Stat. § 6-7 Clerk to enter costs in case file
0.2K chars
The clerk of superior court shall enter in the case file, after judgment, the costs allowed by law. (Code, s. 532; Rev., s. 1255; C.S., s. 1231; 1971, c. 269, s. 3.) §